Mandla v Dowell-Lee
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''Mandla v Dowell-Lee'' UKHL_7
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UKHL 7
is a United Kingdom law">982
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is a United Kingdom law case on racial discrimination. It held that Sikhs are to be considered an ethnic group for the purposes of the Race Relations Act 1976.


Background

A Sikh boy was refused entry to Park Grove School,
Birmingham Birmingham ( ) is a City status in the United Kingdom, city and metropolitan borough in the metropolitan county of West Midlands (county), West Midlands in England. It is the second-largest city in the United Kingdom with a population of 1. ...
by the headmaster because his father refused to make him stop wearing a
dastar A dastār ( pa, ਦਸਤਾਰ/دستار, from fa, دستار; ''dast'' or "hand" with the agentive suffix -ār; also known as a ਪੱਗ ''paga'' or ਪੱਗੜੀ ''pagaṛī'' in Punjabi) is an item of headwear associated with Sikhism, ...
and cut his hair. The boy went to another school, but the father lodged a complaint with the
Commission for Racial Equality The Commission for Racial Equality (CRE) was a non-departmental public body in the United Kingdom which aimed to address racial discrimination and promote racial equality. The commission was established in 1976, and disbanded in 2007 when its ...
(CRE), which brought the case. Derry Irvine, a future
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
, appeared for the CRE.


Judgment


Court of Appeal

The CRE lost in the Court of Appeal. Lord Denning, M. R. held the following: He held that Sikhs were not a
racial A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of variou ...
or ethnic group.


House of Lords

The CRE won the Appeal to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
, where
Lord Fraser of Tullybelton Walter Ian Reid Fraser, Baron Fraser of Tullybelton, (3 February 1911 – 17 February 1989) was a British judge. Life and career Ian Fraser was born in Glasgow on 3 February 1911, the only child of Alexander Reid Fraser, a Glasgow fur mer ...
held the following. He went on to approve the test set out by Richardson, J. in the County Court. They held that Sikhs were a
racial A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of variou ...
or ethnic group.


Significance

The outcome of this case has been that it has led to a legal definition of the term
ethno-religious An ethnoreligious group (or an ethno-religious group) is a grouping of people who are unified by a common religious and ethnic background. Furthermore, the term ethno-religious group, along with ethno-regional and ethno-linguistic groups, is a s ...
.


See also

*
UK employment discrimination law United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
* Human Rights Act 1998 *
Equality Act 2010 The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...


Notes

{{DEFAULTSORT:Mandla V Dowell-Lee United Kingdom labour case law United Kingdom equality case law House of Lords cases 1982 in case law 1982 in British law Sikh politics Sikhism in the United Kingdom Anti-discrimination law in the United Kingdom Turbans *